Case Studies

Case Study 1

A dispute arose between employees and

employers. The matter was pending with
the Conciliation Board. Meanwhile, the
employees went on a flash strike. Is the
strike valid?

Answer 1
No, the strike is not legal.
As per Sec 23 of Industrial Disputes Act,
1947, the employees cannot go on a strike
when the matter is pending with the
Conciliation Board and 7 days after the
decision is given by the Board.
As the strike is in contravention of the
general prohibitions given under Sec 23, the
strike is illegal.

Case Study 2
Workers of XYZ Company gave a notice
stating that they would go on a strike on
15th March, 2016. In fact, they stopped the
work before the said date. Is the strike
made by workmen legal?
The employer then declared a lock out
effective from 16th March, 2016. Is the
lockout legal?

Answer 2
No. The strike is illegal. As per Sec 22 of the
Industrial Disputes Act, 1947, a strike
cannot commence before the date
mentioned in the notice of strike. As the
workers went on a strike and violated the
provisions of the Act, the strike is illegal.
A lock out declared in consequence of an
illegal strike shall not be deemed to be
illegal. Thus, the lockout is not illegal.

Case Study 3

The strike by workers of State Bank of India

(SBI) was proved to be legal. After the
matter was adjudged by the Court, the
workers started working again. Later on, SBI
denied paying wages of the workers during
strike period citing that SBI incurred losses
during the strike-period. Is the act of SBI
justified?

Answer 3
No
The workmen shall be entitled to wages for
the strike period where it is found that the
strike is neither illegal nor unjustified

Case Study 4

Bajirao Trade Union wants to amalgamate

with Mastani Trade Union. Advise.

Answer 4
Approval from 50% members of each trade
union and atleast 60% members of total
members of both the trade unions
Apply to registrar
If the registrar is satisfied, he will register
the new amalgamated trade union

Case Study 5

Can the following people become office

bearers of trade union :
Mr. X aged 17 years
Mr. Y convicted by a Court in India and 1 year has
elapsed since his release
Mr. Z, a member of council of ministers in Modi
Government

Answer 5

Disqualifications of Office Bearers:

Below 18 years
Convicted by a Court in India and imprisoned
unless 5 years have elapsed since his release
Council of Ministers at the Centre or State

NO
NO
NO

Case Study 6

Can a minor aged 16 be a member of the

Trade Union?

Answer 6
YES
According to Sec 21 of the Trade Unions Act,
1926, a person who has attained the age of
15 years may be a member of a registered
trade union but he cannot be an office
bearer until he attains the age of 18 years.

Case Study 7

Mr. X, an apprentice fitter, was injured while

cleaning a dangerous part of a machine
which had been manufactured abroad. The
machine was unfenced while adjustments
were made to it. Is the manager or occupier
guilty of an offence?

Answer 7
Yes
The manager or occupier is guilty of an
offence as per Sec 21 of the factories act,
1948
Dangerous parts of every machine should
be securely fenced by safeguards of
substantial construction

Case Study 8

An employer needs advice to provide

following facilities to his factory workers:
Canteen facility
Creches

Answer 8
The employer needs to provide canteen
facilities only if there are more than 250
workers in the factory.
The employer needs to provide a suitable
room as a crche only if there are more
than 30 women workers in the factory. This
room will be available only for children
below 6 years and must be maintained and
well-lit.

Case Study 9

Mr. Sharma, an occupier, provided goggles

to the worker, but he failed to inform the
whereabouts of the goggles to the workers.
One of the employees was injured. Decide
who shall be held liable and why?

Answer 9
Employer is liable.
According to Sec 35 of the Factories Act, 1948, in
every factory, screen or suitable goggles shall be
provided for the protection of persons employed
on or in immediate vicinity of mechanical or other
processes which involve any danger or injury to
the eyes of the workers. It is not enough to buy
the goggles and keep it somewhere. The workers
must be informed of their whereabouts. In case
the workers have not been informed, it amounts
to a violation of the provisions of this section.

Case Study 10
An employee who is a member of Provident
Fund, interested to contribute more than
12% to the fund. Is it permissible?
What stance can the employer take in this
regard?

Answer 10
Yes employee can contribute. The Act states
minimum 12% contribution.
Though the Act states that the employer
must contribute equal to the contribution of
the employee, it is not mandatory for the
employer to contribute equally if the rate of
contribution by employee is more than 12%.
Thus, employer may continue to contribute
12% in this case as he is not under any
obligation to pay over and above this rate.

Case Study 11

An employer with whom 200 employees are

working is making payment of wages on
16th of every month by cheque. Is it a
correct practice?

Answer 11
No. In case there are less than 1000
employees, the wages must be paid latest
by 7th day after wage period ends.
Also, payments must be made by coins or
notes or both only. Only if the permission of
the employee is obtained in writing, the
employer can make payment by cheque.

Case Study 12

Mr. A, an employee, enters into a contract

with Mr. B, his employer, whereby he agrees
to accept his wages in kind and not in cash.
Later on, Mr. A demands wages in cash.
What will be your legal opinion to Mr. B?

Answer 12
All wages shall be paid only in cash.
Payment of wages in kind is not permitted.
The amount may also be credited in savings
bank account of the employee.
In this case, the claim of Mr. A is tenable
and Mr. B must pay him wages in cash.